1 2026:CGHC:5597 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 572 of 2026 • Rahul Pal S/o Sahdev Pal Aged About 27 Years Gali No. 7, Near S.K. General Store, Mayra Shoes, Telibandha, Raipur, P.S.- Telibandha Distt. Raipur, Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through- Police Station G.R.P., District- Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Aakash Ahuja, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.141/2025 registered at Police Station- GRP, District-Raipur, (C.G.) for the offence punishable under Sections 303(2), 3(5) of Bhartiya Nyay Sanhita (for short ‘BNS’), 2023. 2. Case of the prosecution, in brief, is that the applicant along with the co-accused, committed theft of valuable property in the railway station premises. The memorandum statement of the applicant Rahul Pal has been recorded, in which, based on the identification by the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.02 18:19:32 +0530 2 applicant, the stolen vehicle without a number plate was seized, which is evident prima facie. Furthermore, from the perusal of the attached report, it is evident that a case has been registered against the applicant at Ganj Police Station, Raipur, under Crime No. 222/2023, Sections 365, 394, 397 of the Indian Penal Code and Sections 25, 27 of the Arms Act. Thus, the applicant has a prior criminal record. The bail application of the co-accused Nishu Mishra, bearing application number 3644/2025, was rejected on 08.12.2025, and the applicant's case is not different from that of the co-accused. Currently, there has been a continuous increase in criminal incidents of theft in the area. In light of the applicant's evident criminal record, granting him bail would likely lead to a repetition of the offense. 3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in offence in question. The applicant is in jail since 04.12.2025. The charge-sheet has been filed and no further investigation is required, however, conclusion of the trial is likely to take some time. He further submitted that co-accused namely Anish Mirche has already been granted bail by this Court in M.Cr.C. No. 234 of 2026 vide order dated 09.01.2026 and as such, on the ground of parity, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that applicant has one criminal antecedent of the years 2023. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant, the 3 fact that the conclusion of the trial may take some time and further that one of the co-accused namely Anish Mirche has already been granted bail by this Court in M.Cr.C. No. 234 of 2026 vide order dated 04.12.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Rahul Pal, involved in Crime No.141/2025 registered at Police Station-GRP, District-Raipur, (C.G.) for the offence punishable under Sections 303(2), 3(5) of Bhartiya Nyay Sanhita (for short ‘BNS’), 2023, be released on bail on their furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall 4 be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali